Bill seeking to open more doors for workers with criminal records

A bill gaining steam in the Texas House could put employers more at ease when considering whether to hire people with criminal records.

Hiring managers often face a tough dilemma when it comes to applicants with a rap sheet: Are the skills offered by the applicant worth exposure to potential lawsuits?

House Bill 1188, filed by State Rep, Senfronia Thompson, D-Houston, aims to remove a disincentive for employers to hire such workers by limiting liability regarding negligent hiring or failing to adequately supervise ex-offender employees.

Presently, employers are liable for negligent hiring if employees with criminal convictions commit any offenses during routine performance of business. HB 1188 would limit an employer’s liability to instances in which there is a direct correlation between the offense committed on the job and the type of conviction an employee has on his or her record. Employers would still be liable for employees with convictions for violent sexual offenses or in certain lawsuits involving employee fraud or misuse of funds.

About 20 percent of Texas adults — 5 million individuals — have criminal records. In 2012, Texas correctional facilities released nearly 80,000 adults and 5,000 juveniles; more than 355,000 adults and 30,000 juveniles were under active supervision. In addition, hundreds of thousands of Texans no longer on probation or parole have felony convictions on their records.

Many inmates leave prison with new skills and a burning desire to make up for lost time and reintegrate into society, but are hampered by the belief among employers that giving ex-offenders a job will expose them to legal actions based on accusations of negligent hiring.

“Texas businesses must have every available applicant in their candidate pool,” says Jorge Renaud, a policy analyst for the Texas Criminal Justice Coalition, which promotes smart justice policies that safely reduce Texas’ costly over-reliance on incarceration. “Removing the fear of being sued for simply hiring someone with a felony conviction enables Texas businesses to grow and can keep the Texas economy strong.”

Employable offenders

A 2011 study by the Economic League of Philadelphia — no comparable Texas study is available — found that connecting 100 ex-offenders with employment would produce $55 million in post-release lifetime earnings, while yielding $1.9 million in wage tax contributions and $800,000 in additional sales tax revenues. Furthermore, 100 fewer recidivists would result in more than $2 million in annual cost savings to criminal justice agencies.

A total of 10,074 offenders participated in courses run by Texas Education Agency’s Career and Technological Education program during the 2011-2012 school year, Renaud says; 1,939 offenders participated in college vocational courses. These numbers don’t account for professionals or persons who hold degrees entering prison or who obtain degrees there.

“Individuals with felony convictions must have the tools to succeed to live responsible, productive and law-abiding lives,” Renaud says. “Expanding employment options will lower their chances of re-offending and reduce taxpayer spending on costly re-incarceration.”

HB 1188’s genesis stems from a desire to reduce recidivism and enable ex-offenders to transition to normal society through gainful employment, says Paul Hanchett, a legislative aide for Thompson. And while blue-collar employers such as manufacturers, grocery stores and delivery services would certainly benefit, the bill affects all employers and would assist any professional trying to re-enter the workforce.

Reintegration

“Businesses are an important part of allowing people to move forward,” says Penny Rayfield, president of OnShore Resources, a manufacturing company that operates on prison property — training and hiring inmates in the Prison Industry Enhancement Certification Program.

Inmates prove highly motivated to do a good job when employed, Rayfield has found. They learn the ropes of a good business operation — delivering a high-quality product on time and maintaining a strong work ethic.

The construction industry is cognizant that people make mistakes and how providing offenders second chances through good jobs is good public policy, says Jon Fisher, president of Associated Builders and Contractors of Texas. Employers should be free to consider individuals who would add value to their companies, without concern for unanticipated liability.

Removing the risk of liability would be a win-win for employers and ex-offenders trying to earn a paycheck, says Cathy DeWitt, vice president of governmental affairs at the Texas Association of Business, which supports the bill as a good step toward helping those with criminal records find meaningful employment.

“It’s a trust issue with employers. There’s a perception you can never be trustworthy,” says Darwin Hamilton, who left prison as a 25-year-old after serving six years for narcotic-related charges. “But no one should be held accountable for the rest of his or her life.”

Hamilton still remembers the interview for the job he now has and being asked how he could be trusted as an ex-offender.

“Because that’s not who I am,” Hamilton recalled telling the interviewer. “I explained that though I’d made a mistake, I was more than capable of doing the job.”

James Jeffrey is the Austin Capitol correspondent for the San Antonio Business Journal.